Part 9. Corrections, Cancellations, and Refunds

Chapter 4. Cancellations

Article 1. Generally

Section 4992

4992. Erroneous declaration of power of sale. If the tax collector declares property subject to a power of sale pursuant to Section 3691 and, either (a) the declaration that the property is tax defaulted is canceled under Section 4991, or (b) the power to sell is void because of any error occurring subsequent to the declaration, then the tax collector, with the approval of the auditor, shall cancel the power to sell in the form prescribed by the Controller. The cancellation shall be acknowledged, without charge, and shall be recorded with the county recorder, without charge.

The fact and date of the cancellation shall be entered on the abstract or electronic data processing records.

History.—Added by Stats. 1975, Ch. 214, p. 586, in effect January 1, 1976. Stats. 1985, Ch. 316, effective January 1, 1986, substituted "declares property subject to a power of sale pursuant to Section 3691" for "deeds property to the state" after "tax collector", added "either" after "and", substituted "declaration that the property is tax defaulted" for "sale to the state of such property" after "the", substituted "power to sell" for "deed to the state" after "the", substituted "declaration, then" for "sale to the state, the" after "the", substituted "power to sell" for "deed to the state" after "the", and deleted "state" before "Controller" in the first sentence of the first paragraph; and deleted "state" before "Controller" in the second paragraph. Stats. 1998, Ch. 497 (SB 2233), in effect January 1, 1999, deleted ", and the tax collector shall transmit a copy of the recorded cancellation to the Controller" after "records" in the first sentence of the second paragraph.